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(영문) 수원지방법원 2015.11.27 2015노5629
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the facts that the Defendant had been punished for the same kind of crime several times, the fact that the Defendant again committed the instant crime is disadvantageous to the Defendant despite the suspension of execution period due to the same crime, or the fact that the Defendant recognized the instant crime and reflects the Defendant, and other various circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, it is deemed that the lower court’s punishment is too unjustifiable and unfair. Therefore, the prosecutor’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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